HSRE-PEP I, LLC, a Delaware limited liability company, substituted as Plaintiff for FIRST UNITED BANK AND TRUST CO., an Oklahoma banking association, Plaintiff/Appellee, v. HSRE-PEP CRIMSON PARK LLC, a Delaware limited liability company, substitute as Defendant for FIRST UNITED PROPERTY HOLDING COMPANY, LLC, SERIES B, a series of First United Property Holding, LLC, an Oklahoma limited liability company; BENEFIT BANK, Frisco Branch; AIRTIME INC., an Oklahoma corporation; MITCHELL GEE, an individual; SAUNDRA DESELMS, Treasurer for Cleveland County, Oklahoma; and the BOARD OF COUNTY COMMISSIONERS OF CLEVELAND COUNTY, OKLAHOMA, Defendants, and BENEFIT BANK, Plaintiff/Appellant, v. ADUDDELL DEVELOPMENT GROUP, LLC; ODG-OU, LLC; FIRST UNITED BANK & TRUST CO.; FIRST UNITED PROPERTY HOLDING COMPANY, LLC, SERIES B, a series of First United Property Holding Company, LLC; MITCHELL GEE d/b/a AIRTIME, INC.; GARY D. BROOKS; KENNY W. THOMAS; DAVID W. ADUDDELL; and J. GLENN RANKIN, Defendants., 2013 OK CIV APP 40

Summary

Intent of the bank and borrower at the time of contract formation controlled the meaning of a settlement agreement and it contained clear language, which was legitimate evidence of what the parties intended, for purposes of Okla. Stat. tit. 15, §§ 151-178. The language did not subordinate the bank's first mortgage to another bank's second mortgage.